Ord 70-89 10/3/1989 T .
ORDINANCE NO. 70-89
ORDINANCE PROHIBITING SOLICITATION TO ACQUIRE A
PROHIBITED SUBSTANCE; MAKING VARIOUS PROVISIONS AND
FINDINGS RELATING TO THE SUBJECT; DECLARING CERTAIN
CONDUCT TO BE UNLAWFUL AND PROVIDING PENALTIES
THEREFOR; PROVIDING FOR SEVERABILITY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. The Code of Ordinances of the City of Wichita
Falls, Texas, is hereby amended by adding a new Section which
reads as follows:
"Solicitation to purchase or acquire a controlled
substance, controlled substance analogue, dangerous drug or
volatile chemical.
(a) Definitions. As used in this Section, the following
words and terms shall have the meanings ascribed to them in
this subsection, unless the context of their usage clearly
indicates another meaning:
'Controlled substance ' shall have the meaning
ascribed to it by the Health and Safety Code Section
481 .002(4) , Texas Revised Civil Statutes or any amendment
thereto.
' Controlled substance analogue ' shall have the
meaning ascribed to it by the Health and Safety Code Section
481. 002( 6) , Texas Revised Civil Statutes or any amendment
thereto.
'Dangerous drug' shall have the meaning ascribed to
it by the Health and Safety Code Section 483 . 001( 3 ) , Texas
Revised Civil Statutes or any amendment thereto.
'Prohibited substance ' shall mean a controlled
substance, controlled substance analogue, dangerous drug,
volatile chemical, or any combination thereof.
'Volatile chemical' shall mean any of the chemicals,
or an isomer of any of the chemicals, listed in the Health and
Safety Code Section 484.002, Texas Revised Civil Statutes or
any amendment thereto.
(b) A person commits an offense if, with intent to
acquire a prohibited substance, he requests, commands or
attempts to induce another to sell, donate or otherwise
transfer or deliver a prohibited substance to the person.
ti
(c) A person may not be convicted under this section on
the uncorroborated testimony of the person allegedly solicited
and unless the solicitation is made under circumstances
strongly corroborative of both the solicitation itself and the
actor' s intent that the other person act on the solicitation.
(d) It is no defense to prosecution under this section
that:
(1) no monetary or other consideration was tendered
to the person solicited, or
(2) that the person solicited was unable or
unwilling to transfer or deliver a prohibited substance.
(e) It is an affirmative defense to any prosecution under
this Section that:
(1) the solicitation is made in furtherance of a
transaction which would not constitute a violation of any
applicable law; or
(2) the solicitation is made by a peace officer or
federal law enforcement officer in the lawful discharge of his
duties or by a law enforcement agent acting in the lawful
discharge of an official duty.
(f) Violation of this Section shall constitute a
misdemeanor punishable, upon conviction, by a fine of not more
than Two Thousand ($2,000. 00) Dollars. However, any conduct
proscribed hereunder which also constitutes an offense under
state law shall not be prosecuted under this Section, but shall
be prosecuted pursuant to and punishable as provided by the
applicable state law. An offense under this Section is not a
lesser included offense under the Health and Safety Code,
Sections 481, 483 or 484. "
SECTION 2. In setting the amount of the penalty for
violation of this ordinance, the City Council affirmatively
finds that this ordinance governs conduct involving trafficking
in illegal and dangerous chemical substances that poses a
serious threat to the public health, and that it is therefore
appropriate to proscribe a maximum fine of Two Thousand
($2,000. 00) Dollars for a violation of this ordinance pursuant
to the authority granted by Section 2 of Acts 1987, 70th
Legislature, Chapter 680 (Section 54. 001 of the Local
Government Code as amended by Chapter 1, Acts of the 71st
Legislature, Regular Session, 1989) .
SECTION 3 . If any provision, section, subsection,
sentence, clause, or phrase of this ordinance, or the
application of same to any person or set of circumstances is
for any reason held to be unconstitutional, void or invalid,
the validity of the remaining portions of this ordinance or
their application to other persons or sets of circumstances
shall not be affected thereby, it being the intent of the City
Council in adopting this ordinance that no portion hereof or
provision or regulation contained herein shall become
inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof, and all
provisions of this ordinance are declared to be severable for
that purpose.
PASSED AND APPROVED this the 3rd day of October, 1989.
M A Y O
ATTEST:
City Clerk
AD 334607
Affidavit of Pubi.ication
THE STATE OF TEXAS
ORDINANCE NO.69-89
ORDINANCE MAKING AN AP- COUNTY OF WICHITA
PROPRIATION FROM GENERAL
FUND EQUITY FOR PURPOSES
; OF PROVIDING PUBLIC HEALTH arm
A.: SERVICES.
ORDINANCE NO.70-89 31St October
ORDINANCE PROHIBITING On this day of
SOUCATION TO ACQUIRE A
PROHIBITED SUBSTANCE;MAK-I 1 9 89
ING VARIOUS PROVISIONS I before undersigned authority
• FINDINGS RELATING TOE A.D. - personally appeared befo e me, the unde.si ned authority
THE SUBJECT:DECLARING CER-
TAIN CONDUCT TO BE UN- D a r i c e Ming
LAWFUL AND PROVIDING PEN-1 bookkeeper
ALTIES THEREFOR; PROVIDING
FOR SEVERABIUTY for the Times Publishing Company of Wichita Fails, publishers of the Wichita Falls
ORDINANCE NO.71-89
AN ORDINANCE REZONING
30 09 LAWRENCE ROAD (LOT Times/Record News, a newspaper published at Wichita Falls in Wichita County,
3009
12, BLOCK 3 LESS RIGHT-OF-
WAY, J.W. THOMAS AD- Texas, and upon being duly sworn by me, on oath states that the attached
DITION),WICHITA FALLS,TEXAS
FROM SINGLE-FAMILY RESIDEN- advertisement is a true and correct copy of advertising published
TIAL ZONE TO LIMITED COM-
MERCIAL ZONE in `'• 1 ' issues thereof on the following dates:
ORDINANCE NO.72-89
AN REZONING LOT
B,BLOCK 117 ORDINANCE ELAND i October 16 , 1989
PARK AND ADJACENT
PROPERTIES, WICHITA FALLS,
TEXAS, FROM SINGLE FAMILY
RESIDENTIAL, STANDARD LOT
(SF-2) ZONE TO MULTI-FAMILY C _>
RESIDENTIAL(MFR)ZONE
ORDINANCE NO.73-89
ORDINANCE AMENDING CON-
Bookkeeper for Times Publishing Compan.
TRACTS WITH TENNIS CENTER
PROS,JOHNNY SIMMONS AND-' of Wichita Falls
JODY ANN WHITE-WHITE, IN-
CREASING COMPENSATION
ONE HUNDRED ($100.00)c " the year first above written,
DOLLARS PER MONTH j ) Subscribed and sworn to before me this day and yea. firs./ .,ove w itten,
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to R ^s
Nc.4x,y Pu iyw Sias of Texas
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